Affidavit Of Termination Of Employment for Germany

Affidavit Of Termination Of Employment Template for Germany

A formal sworn statement documenting the termination of an employment relationship under German law. This document serves as an official record detailing the circumstances and compliance with legal requirements surrounding an employee's departure from an organization. It includes essential information such as employment duration, termination date, reason for termination, and confirmation of adherence to German labor laws, particularly the Protection Against Dismissal Act (Kündigungsschutzgesetz) and relevant sections of the German Civil Code (Bürgerliches Gesetzbuch). The affidavit may require notarization and serves as evidence in potential legal proceedings or administrative matters.

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What is a Affidavit Of Termination Of Employment?

An Affidavit of Termination of Employment is a crucial legal document used in German employment law contexts to formally document the end of an employment relationship. This document is typically required when there is a need to provide official evidence of termination details, such as in legal proceedings, administrative matters, or for compliance purposes. It contains sworn statements about the termination circumstances, confirmation of legal compliance, and details about notice periods, consultations, and other relevant matters. The affidavit must comply with German legal requirements, including the Protection Against Dismissal Act and the Civil Code, and may need notarization. It serves as a protective measure for both employer and employee by creating a clear record of the termination process and compliance with legal obligations.

What sections should be included in a Affidavit Of Termination Of Employment?

1. Declarant Information: Full legal name, position, and contact details of the person making the affidavit

2. Employee Information: Complete details of the employee whose employment was terminated, including full name, employee ID, and position

3. Employment Details: Start date, position(s) held, and relevant employment contract details

4. Termination Details: Date of termination, type of termination (e.g., mutual agreement, unilateral termination), and notice period details

5. Compliance Statement: Declaration that all legal requirements were followed, including notice periods and consultation requirements

6. Verification Statement: Standard affidavit verification clause confirming the truth of the statements

7. Signature Block: Place for signature, date, and notary attestation if required

What sections are optional to include in a Affidavit Of Termination Of Employment?

1. Works Council Consultation: Details of works council consultation process, required if the company has a works council

2. Severance Payment: Details of any severance payment agreed upon, if applicable

3. Special Protection Status: Statement regarding any special protection status (e.g., pregnancy, disability) and how it was addressed

4. Disciplinary History: Summary of relevant disciplinary actions or warnings, if termination was based on conduct

5. Return of Company Property: Confirmation of return of company property, if applicable

What schedules should be included in a Affidavit Of Termination Of Employment?

1. Notice of Termination: Copy of the formal termination notice issued to the employee

2. Employment Contract: Copy of the original employment contract and any amendments

3. Works Council Response: Documentation of works council's position on the termination, if applicable

4. Handover Protocol: Documentation of returned company property and completed handover processes

5. Employment Reference: Copy of the final employment reference letter (Arbeitszeugnis)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Transportation

Energy

Telecommunications

Real Estate

Agriculture

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Personnel Administration

Employee Relations

Corporate Governance

Executive Leadership

Administrative Support

Risk Management

Relevant Roles

Human Resources Manager

Legal Counsel

HR Director

Employment Law Specialist

HR Business Partner

Chief Human Resources Officer

Personnel Administrator

Compliance Officer

Company Secretary

Managing Director

Department Manager

HR Operations Manager

Employee Relations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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